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(영문) 수원지방법원 2019.02.13 2016가단511333
손해배상(기)
Text

1. The plaintiff's claim against the primary defendant B is dismissed.

2. Preliminary Defendant D Co., Ltd. is the Plaintiff 38.

Reasons

1. Determination as to the claim against the main defendant B

A. On March 9, 2015, the Plaintiff asserted that the Plaintiff entered into a contract with Defendant B with a view to constructing a detached house of the second floor (a building area of 100.68m2, total floor area of 13.48m2; hereinafter the same shall apply) on the ground level 251.8m2, Suwon-si, Suwon-si, Suwon-si, for the purpose of constructing a detached house of the second floor.

However, there are various defects in the instant housing constructed by Defendant B, and the Plaintiff’s damages caused by such defects are totaling KRW 81,442,237, including consolation money of KRW 15 million, and Defendant B is liable to compensate the Plaintiff.

B. In full view of the evidence evidence Nos. 1 and 4, Defendant B is the representative director of Defendant D Co., Ltd. (hereinafter “Defendant D”) and deposited 2,3650,000 won in the bank account under the name of Defendant B over several times after the Plaintiff entered into a contract for construction of the instant house, but the said evidence alone is insufficient to acknowledge that the party who entered into the contract for construction of the instant house with the Plaintiff is the Defendant B, and there is no other evidence to acknowledge this otherwise.

(1) As seen below, it is reasonable to view that the parties who concluded a contract with the Plaintiff and executed the contract are Defendant D. The Plaintiff filed a lawsuit against the primary Defendant D and the conjunctive Defendant B, and changed them to each other during the lawsuit). Therefore, the Plaintiff’s claim against the primary Defendant B is not accepted.

2. Determination on the claim against Preliminary Defendant D

(a) Facts of recognition;

A. On March 9, 2015, the Plaintiff concluded a contract for construction with Defendant D to construct the instant housing on the ground of Suwon-si, Suwon-si, Suwon-si.

[2] The contract of this case was entered into by the Plaintiff, and the Plaintiff searched “G” (hereinafter “F”)’s Internet page “G”, which is the Internet portal site (hereinafter “F”).

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